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tv   CBS 5 Eyewitness News at Noon  CBS  February 29, 2012 12:00pm-12:30pm PST

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i'm frank mallicoat. >> your your realtime captioner is linda marie macdonald. good afternoon. san francisco sheriff ross mirkarimi isn't getting any breaks from the judge in his domestic violence case. >> that's right. this morning, he rejected motions that could have seriously damaged the prosecution's case.
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but they weren't filed by mirkarimi's attorneys. anne makovec on the latest twist this case has taken. >> reporter: the trial is going to go forward much to those attorneys's dismay and in fact, potential jurors are going to be filling out questionnaires later on this afternoon. that is after the lawyers for eliana lopez, mirkarimi's wife, called what happened this morning similar to a bad call from an umpire. >> what i would like to do is like kick dirt on him, just like on the thing. i think it was really unfortunate. >> reporter: in a relatively unusual court proceeding, it was the alleged victim, eliana lopez,'s attorney bringing motions forward hoping to change the course of the trial. the first asking the judge to exclude statements lopez made to her neighbor, ivory madison. madison took a video of lopez. these pictures are from that video showing markings on her arm allegedly lot of by her husband, ross mirkarimina,
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fight on new year's eve. lopez's attorney said it should have been protected under attorney/client privilege because the neighbor graduated from law school. >> the entire fabric of the judicial system is dependent on attorneys holding up our responsibilities, which includes keeping a client's confidence to ourselves. >> reporter: but it turns out, lopez's neighbor ivory madison is not an attorney at all. the judge denied the motion saying lopez, as a victim, not a defendant, holds no standing to bring it forward. now, in another motion, lopez's attorney asked that the entire case be dismissed or some sort of sanctions be put on the d.a.'s office for releasing these photos saying the state violated lopez's right to privacy. but the d.a.'s office said it had to release these photos in its motion to prove that the video was admissible in trial. now, lopez's attorney does plan to appeal these rulings. in fact, she even says she is
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going to be asking for help from the aclu. grace. >> anne, what happens between now and the point where they start picking jury members? >> reporter: that's supposed to start monday. judging from how this trial has gone so far, i bet a few more motions are going to be filed, and i bet that one attorney will try to stop the trial from going forward. >> thank you, anne makovec. some very sad news from the music world this afternoon. davey jones the lead singer for the monkees has died. a spokeswoman says he suffered a heart attack in florida where he lived. jones rose to fame in the '60s after the rock group the monkees was assembled for a hit tv shows. his biggest hit with the monkees day dream believer. he had a solo career later. he survived by his wife and
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four daughters. he was 66. a san jose duplex went up in flames. strong winds fueled the fire. the entire building destroyed. gil diaz joins us now with more on how people got out. >> reporter: good afternoon. well, this fire erupted around 3:00 this morning and since then, construction crews have come by to board up the place and put a fence around it. you might even be able to tell that the roof has caved in. now, everyone in this duplex plus a family who lives next door are all alive today thanks to a dog and a total stranger. >> unbelievable! >> exploding, crackling... >> reporter: ferocious flames ripped through a duplex in the middle of the night at the corner of denise way and almaden road. one person had a gut instinct that something was wrong. for some reason, he just couldn't go to sleep. >> i have been hearing crackling through the night. i kept on hearing it.
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it sounded like something was going on in my house. it was freaking me out. >> reporter: finally his mom burst into his room telling him to get out. >> we just moved here. we have barely been here for like four months maybe, three months. >> reporter: a battalion chief captured the blaze with his cell phone. 20-mile-per-hour winds made it hard for his crews. >> the wind itself was actually feeding more oxygen into the fire. and so by the time we dropped our attack lines, the roof caved in on half of the structure. >> reporter: the 15-foot flames stretched to the next home but did very little damage to it. >> you know what? my bedroom is right there and i was -- i didn't even hear any of it until -- she lives all the way on this side and she was pound on the ground mine door. this is my sister. >> reporter: the sister's dog alerted the family. >> i looked out the window to see why she is barking at the window and i saw the flames. >> reporter: the other family who lived in the charred duplex, a couple, barely made it out.
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if it wasn't for a good samaritan. >> some man they didn't know. that's what saved them from their house. >> reporter: they did know the man? >> they didn't know him. >> reporter: no one was hurt. the american red cross helped the families find a place to stay. >> very, very fortunate. i pray to god that we're still alive today. >> reporter: we just found out who that good samaritan was. it turns out it was a relative of another next-door neighbor who happened to be in the neighborhood. after alerting the neighbors, he left for work. the cause of the fire is not known. reporting from san jose, gil diaz, cbs 5. all right, gil, thanks. a fire also destroyed some pricy antiques in the north bay last night. it broke out at this home on redwood drive in napa. by the time the firefighters arrived, the flames engulfed the roof which eventually burned off. nobody hurt. damage estimated at $300,000. the cause of that fire is under
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investigation. we had rainfall moving through this morning. cold front passing through town. we're left with scattered showers showered. you can see the line extending toward the monterey bay. toward the afternoon, isolated showers on and off throughout the day. pockets of sunshine but then a wandering shower will come your way bringing a brief downpour. seeing good cells making their way into livermore valley now. pretty clear out toward the peninsula. but that is changing in the north bay. we have more rain on the way. here's frank with more news. >> thank you. a deadly storm in the midwest had a tornado that killed people in else. more on the search for survivors.
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>> reporter: damage in harrisville, uhm, strip malls devastated after weather moved through. a possible tornado ripped apart home after home in kansas. rich newman was watching it every when the storm him. >> it was like a shotgun went off. i told my wife, get on the phone. she says, i'm there. >> reporter: search crews went looking for survivors door to door. at least three people were critically injured. >> there were a couple of houses that we had to actually pull people out of that were trapped inside. >> reporter: the national weather service says a line of powerful storms and tornadoes caused heavy damage in kansas and missouri. here in missouri, the tourist town of branson took a hard- hit. the storm damaged or destroyed hotels, theaters and even the welcome center. the storm flipped vehicles and ripped the siding off buildings. >> pretty wild. the wife and got me. i was in bed. had to be in work in the morning. i saw a green light and said run downstairs. >> reporter: crews pulled victims from their homes.
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they plan to inspect every damaged building today making sure everyone is accounted for. mike corcoran for cbs news, branson, missouri. coming up, a historic day for apple. >> the major milestone reached today by the world's most valuable company. plus, changing what's on the menu. the bay area county that took a big step in the fight against obesity. ,,,,,,,,,,,,,,,,
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he headed for ohio, after picking mitt romney hit the road today with a little more wind in his sails. he heads to ohio after winning in arizona and the michigan primaries last night. he went two for two. but rick santorum put up a fight. and polls have him actually ahead in ohio where he has already been campaigning. ohio of course one of the 10 super tuesday states holding
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their nominating contests next week. 437 delegates are at stake. stay with cbs 5 and for continuing campaign 2012 coverage. it was another big day of trading. let's check the new york stock exchange live where you can see stocks are down 27 points just below 13,000. but the nasdaq briefly cracks 3,000 this morning. that's the first time since thedot-com bubble burst. it's a day after the dow closed above 13,000 since 2008. part of the reason the nasdaq was so high. apple stock hit a new record high today placing it in exclusive company. shares reached $547. that gave the cupertino company a stock market value of more than $500 billion. the only other companies to reach that value, microsoft, exxonmobil, cisco and general electric. >> that was a good buy 20 years
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ago. south bay getting serious about curbing predatory payday loan practices. santa clara county supervisors have now imposed a moratorium preventing new lenders from setting up shop while a law is drafted to restrict or permanently ban new businesses. the county has more than five dozen payday loan stores. they are all concentrated in low income areas. high-priced lenders charge an average of 400% interest on a two-week loan. and santa clara county is also leading the charge in healthy eating. it became first in the state and possibly the nation to set countywide eating and drinking guidelines. zack heene on the new standards being served at facilities from the fair to the hospital. >> what did you get? >> reporter: santa clara county employee andre moore orders lunch at his work cafeteria quite often. today he is eating healthy. >> i'm having [ non-english language ] today. it's an indian dish. and it has less calories than the normal thing i would
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choose, which would be a cheeseburger. >> reporter: santa clara county couldn't agree more with eating right. it just approved nutritional standards for all drinks and foods sold or served at the county facilities. >> one in four kids is overweight on other bees. two-thirds adults are overweight or obese. so we wanted to really do something about that. >> reporter: most of the changes start in july and will affect all county facilities. >> the cafeterias are now going to be required to offer more healthy choices. >> reporter: at one of the county's cafeterias, a lot of people were ordering one thing. >> bacon cheeseburger. >> reporter: come lunchtime, the grill was busy and the customers hungry. >> but if somebody wants to order fries, they should be able to order fries once in a while. >> reporter: a cook at the cafeteria tells us, even with healthier choices like turkey burgers, people were not buying them. >> at the end of the day they get spoiled and we have to throw them away. >> reporter: some wonder if the changes will take the fun out of the food. now, the county fair will still
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have nachos, hamburgers and hot dogs but along with that, people will have the option to order healthier items like fruit and vegetables. in san jose, sakhalin, cbs 5. support for gay marriage is growing in california. a field poll out today found 15% of voters here now say gay couples should be allowed to marry up from 49% when voters approved proposition 8 in 2008. the poll found more support for gay marriage among various people. coming up, your own cell phone turned against you. >> look at this, dude. like a credit card. >> how hackers can use your smartphone to swipe your credit card information. coming up. if you like clouds, showers and a couple of rainbows, you will love this afternoon. when will the rain end? we'll talk about that coming up. ,, ,,,,,,,,,,,,,,,,,,
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winter has finally arrived in the sierras. as much as five feet of snow is expected in love the snow? check this out. sierra at tahoe, you can see it's socked in snowing up there. they are expecting up to 5 feet. the storm dropped visibility to a quarter mile on interstate 80. if you are heading up the mountains, you will need chains from colfax in placer county to 11 miles east of the nevada line. it's getting thick. >> it's nice. a good buddy of mine flew in from chicago. we are driving up highway 80 tomorrow. i'm going to tahoe tomorrow. >> that's fantastic. i think you're going up on the
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right day. >> getting stuck there for quite some time. heavy snowfall in the sierra nevada. cold front moved through the bay area early on today. now we're looking at more scattered showers but there are pockets of some pretty good showers making their way into the east bay now. check out these cells wandering on through. you will get some brief downpours as these move by. and this is the way we're going to play it throughout the afternoon. you will see cells wandering through. you will see showers and then the sunshine will peek through once again. on and off throughout the afternoon. rainfall totals pretty impressive. ben lomond over an inch and three-quarters. santa rosa almost .75". san francisco checking in at over .25" of rain. plenty of clouds out there right now. scattered showers continuing into the afternoon. cool and breezy conditions too. unsettled it looks like through tomorrow. but there are some big changes coming our way as we start to look forward toward the weekend. out toward the coastline, we are looking at the big-time swells. 13 to 16 feet maybe some breaks as high as 18 feet as you head toward the beaches so stay off
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the rocks. and the high country we're talking about this. a winter storm warning up there continuing until tomorrow. you're looking at up to 5 feet of snow by the time this is all done and some strong gusty winds there. of course, you need chains today. i think tomorrow will be a better travel day. here's the storm system moving through. the cold front went through early on this morning. that's gone on by. behind that you have all these cold speckled clouds that continue to move through so keeping things very unsettled as we head throughout the afternoon hours. so keep that umbrella handy on and off throughout the day today and looks like tomorrow, as well. temperatures are going to stay down. plan on lots of 50s around the bay area. then looks like the next couple of days, we are going to keep things unsettled but the weekend looks like something embassy. tell you what frank, what a weekend to go up there. the weekend looks like something else. we have a snow report just for you.
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they are getting buckets of snow in the sierra nevada today. >> i'm surprised you're still here. >> looking good. >> looking great. sunshine and snow. all good. thanks a lot. smartphones are making mobile payments simple. >> it is an easy tap and pay situation. but julie watts reports, it could be putting your credit cards at risk. >> look what's on the phone. >> dude, it's a credit card. >> reporter: shoppers were shocked when we showed them with a simple tap to their wallet this credit card skim core steal enough information to clone their credit cards made up of $100 worth of parts found online. >> preposterous. >> reporter: the increasingly popular rifd credit cards denoted by symbols like this. they will the you conveniently tap to pay via radiofrequency and potential courtrooms tap to steal the same way. here is the kicker. your phone in your pocket can do the same thing. >> myself? >> reporter: yes.
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>> if i take my credit card here and this credit card gets near this phone, you will notice the tic-tac-toe game launched. but what it really did in the background is scanned this credit card and sent all the details off to a see contract email address. >> reporter: his company identity stronghold markets these secure sleeves for your credit card to demonstrate the need creating this innocent looking tic-tac-toe game that acts as a virus and steals your rfid credit card information. this game isn't for sale. but he says any hacker can do the same thing with any number of apps. >> hundreds of thousands of people download it and sit back and watch their email box fill up with credit card numbers they can use. >> reporter: the security risk doesn't apply to all smartphones only those with near field communication like the google android that allows you to tap your phone to pay but it's something security experts think will be an industry standard soon. >> it's a good thing that people are pointing out these vulnerabilities. it forces us as an industry to be more vigilant and take the
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necessary steps to protect our assets. >> reporter: but for now, there are some simple steps you can take to protect your own assets. one of which is wrapping your credit cards in tinfoil. on the consumerwatch, julie watts, cbs 5. we aren't aware of any reported incidents of that type of credit card skimming but many believe the likelihood will increase as the technology becomes more widespread. stay with us. we'll be right back. ,,,,,,,,,,,,,,,,,,
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cbs 5 news at noon. have a great afternoon.
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today we are going to make something i learned about when i was in italy. the way they make fresh pasta with fingerling gold potatos, some of the starches are released and they add chicken stock to the fresh pasta to give it more flavor. it was fantastic. so simple to do. let me show you. all we did here is sauteed some nice fingerling golden potatoes like this. you want to saute them just for a little while with olive oil, salt and pepper. then we added mushrooms and chicken stock. we took some fresh pasta and put in some boiling water, salted boiling water for two minutes. that's it. then we put it into the saute pan and put all the flavors together at a low heat and it creates a wonderful broth. now to finish this off, we are going to just simply add a little crushed tomatoes to it for some color and flavor. not a lot, just a little bit. with some of the juice. some parsley. garlic salt. red pepper flakes. and some ground pepper.
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you can cover it if you want to even give it more flavor and then just serve. so there you go. fresh pasta, with tomatoes fingerling potatoes and mushrooms a little stock, delicious. i'm tony tantillo. this is tony's table. >> first time he hasn't tried it. >> never not seen him try a bite. we'll leave with you some shots of mount diablo. >> caption colorado, llc ,,
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